Galindo-Milan v. Rasmussen

Nevada Supreme Court

Galindo-Milan v. Rasmussen

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GONZALO I. GALINDO-MILAN, F/K/A, No. 77552 GONZALO I. GALINDO, Appellant, vs. MARY JOHANNA RASMUSSEN, Respondent. FILED H HHHH _ETETF A. BR'.7.1.14 'OF RErCOU ••• EPUIY CLEF:g.

ORDER DISMISSING APPEAL

This is a pro se appeal from a minute order vacating an objection hearing. Eighth Judicial District Court, Clark County; Mathew Harter, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals certain jurisdictional defects. Specifically, the notice of appeal is untimely filed under NRAP 4(a) because it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed). In addition, the order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 SUPREME COURT OF

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UR 194'A (1984). No statute or court rule provides for an appeal from an order vacating a hearing. We conclude, therefore, that we lack jurisdiction, and we ORDER this appeal DISMISSED.'

J.

J.

J. Hardesty

cc: Hon. Mathew Harter, District Judge Gonzalo I. Galindo-Milan Black & LoBello Eighth District Court Clerk

'We deny as moot appellant's request to consolidate this appeal with other pending appeals. SUPREME COURT OF NEVADA

(0) 194 Th e 2

Reference

Status
Unpublished